89R15122 MZM-F
By: Bettencourt S.B. No. 2079
A BILL TO BE ENTITLED
AN ACT
relating to certain actions for personal injury that arise out of a
sexual offense against a child or disabled individual and are
brought against a non-perpetrator of the offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.0045(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Section 81B.004, a [A] person must
bring suit for personal injury not later than 35 [30] years after
the day the cause of action accrues if the injury arises as a result
of conduct that violates:
(1) Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or disabled individual);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
Section 20A.02(a)(8), Penal Code, involving an activity described
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
with a child or disabled individual trafficked in the manner
described by Section 20A.02(a)(7), Penal Code (certain sexual
trafficking);
(5) Section 43.05(a)(2) or (3), Penal Code (compelling
prostitution by a child or disabled individual); or
(6) Section 21.11, Penal Code (indecency with a
child).
SECTION 2. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 81B to read as follows:
CHAPTER 81B. SEXUAL ABUSE ACTIONS AGAINST CERTAIN NON-PERPETRATORS
Sec. 81B.001. DEFINITION. In this chapter, "safe
environment program" means a program implemented by a business or
organization under which the business or organization makes a good
faith effort to:
(1) conduct criminal background checks of employees at
least once every five years;
(2) require employees to attend an educational program
related to sexual abuse of minors and disabled individuals and the
reporting of sexual abuse of minors and disabled individuals at
least once every five years; and
(3) report allegations of sexual abuse of minors or
disabled individuals by employees to the Department of Family and
Protective Services or law enforcement, as required by law.
Sec. 81B.002. APPLICABILITY OF CHAPTER. This chapter
applies to an action:
(1) to recover damages for a personal injury that
arises as a result of conduct that:
(A) constitutes an offense described by Section
16.0045(a); and
(B) occurred while the injured person was under
the care of a business or organization that was operating a safe
environment program; and
(2) brought against a person who:
(A) was an owner, operator, or employee of the
business or organization at the time of the offense; and
(B) was not the perpetrator of the offense.
Sec. 81B.003. STANDARD OF PROOF. The claimant in an action
described by Section 81B.002 may not recover damages in the action
unless the claimant proves the elements of the cause of action by
clear and convincing evidence.
Sec. 81B.004. LIMITATIONS PERIOD. A person must bring an
action described by Section 81B.002 not later than 30 years after
the day the cause of action accrues.
Sec. 81B.005. LIABILITY LIMITS. In an action described by
Section 81B.002, the liability of the defendant is limited to money
damages in a maximum amount of:
(1) $250,000 for each single occurrence; and
(2) $1 million per claimant.
Sec. 81B.006. IMMUNITY WAIVED. (a) Notwithstanding any
other law and except as provided by Subsection (b), a person's
sovereign or governmental immunity, as applicable, to suit and from
liability is waived to the extent of the liability limits described
by Section 81B.005.
(b) This chapter does not waive sovereign immunity to suit
and from liability under the Eleventh Amendment to the United
States Constitution.
Sec. 81B.007. CONSTRUCTION OF CHAPTER. Nothing in this
chapter creates a cause of action against a person concerning a safe
environment program.
SECTION 3. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.